Landlord again avoids liability for criminal activity against tenant
Joyce Memminger sued the landlord of her gated apartment complex, McKinley Properties, alleging that it should be responsible for allowing access to her ex-husband. The ex-husband held her captive for hours and shot her when she attempted to escape. Memminger initially argued that the landlord was negligent in allowing the assailant unauthorized access to the premises, however, the court dismissed that claim. She then filed a second action alleging that she had been fraudulently induced to rent the apartment based on false representations regarding the landlord's restrictions on non-tenant entry. The Court of Appeals rejected this claim, as well. That result probably did not surprise the parties, once Judge Henry Saad was assigned to the hear the appellate case. His is a consistent voice for the interests of insurance companies.